HomeMy WebLinkAboutJuly 17, 2025 - Court of RevisionTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COURT OF REVISION AGENDA
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers - HYBRID
Thursday, July 17, 2025
8:00 p.m. – Grewal Drain
The July 17, 2025 Court of Revision Meeting
will allow for a hybrid meeting function.
You may attend in person or virtually through the live-stream
on the Municipality of Bayham’s YouTube Channel
1. CALL TO ORDER
2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
3. CHAIRMAN’S REMARKS ON THE PURPOSE OF THE MEETING
A. Grewal Drain Notice of Court of Revision
4. STAFF PRESENTATION
A. Report DR-09/25 by Steve Adams, Manager of Public Works / Drainage Superintendent
re Grewal Drain Court of Revision
5. PUBLIC PARTICIPATION
6. DISPOSITION
7. ADJOURNMENT
The Corporation of the Municipality of Bayham
NOTICE OF COURT OF REVISION
CONCERNING THE GREWAL MUNICIPAL DRAIN
IN THE MUNICIPALITY OF BAYHAM
NOTICE TO AFFECTED PROPERTY OWNERS
Drainage Act R.S.O. 1990, Chapter D.17, Section 46
TAKE NOTICE that in accordance with Chap. D.17, Section 46 of the DRAINAGE ACT, the Council of
the Corporation of the Municipality of Bayham, on Thursday, June 19, 2025 adopted Report No. 223284,
dated April 28, 2025 as prepared by Spriet Associates in regard to the proposed works on the Grewal
Drain serving parts of Lot 123, Concession N.T.R. in the Municipality of Bayham.
FURTHER to Chap. D. 17, Section 46 of the DRAINAGE ACT, the Council of the Corporation of the
Municipality of Bayham, on Thursday, June 19, 2025 gave a first and second reading to Provisional By-
law No. 2025-046, a copy of which is enclosed, to adopt the drainage works included in the
aforementioned Report and to authorize the Municipality to borrow, if required, the monies necessary to
carry out the works therein and to levy upon the affected lands and roads their respective apportionment
of the cost of the works.
TAKE NOTICE that further to Section 46 of the DRAINAGE ACT, a Court of Revision will be held in the
Council Chambers of the Bayham Municipal Office, 56169 Heritage Line, Straffordville, on Thursday,
July 17, 2025 at 8:00 p.m., to provide an opportunity for any person or body entitled to receive notice, to
appeal their assessment. An owner may appeal the owner’s assessment to the Court of Revision by
a notice given to the Clerk of the Municipality not later than 12:00 p.m. (noon) Monday, July 10,
2025.
ADDITIONAL INFORMATION relating to this Notice or the proposed drainage works may be obtained by
contacting the Manager of Public Works/Drainage Superintendent Steve Adams at the Bayham Municipal
Office, 56169 Heritage Line, PO Box 160, Straffordville, Ontario N0J 1Y0, Telephone: 519-866-5521,
Monday – Friday 8:30 am – 4:30 p.m.
Dated at STRAFFORDVILLE, in the MUNICIPALITY OF BAYHAM, in the PROVINCE OF ONTARIO,
this 25th day of June, 2025.
Meagan Elliott
Clerk
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2025-046
A PROVISIONAL BY-LAW TO PROVIDE FOR DRAINAGE WORKS
IN THE MUNICIPALITY OF BAYHAM IN THE COUNTY OF ELGIN
KNOWN AS THE GREWAL DRAIN
WHEREAS the Engineer Spriet Associates on behalf of the Municipality of Bayham in
accordance with Section #78(1) of the Drainage Act, R.S.O. 1990, requests that the following
lands and roads be drained by drainage works:
Parts of Lot 123, Concession N.T.R. in the Municipality of Bayham;
AND WHEREAS, the Council of the Municipality of Bayham has procured Engineer Report No.
223284, prepared by Spriet Associates, dated April 28, 2025, which is attached hereto as
Schedule "A", and forms part of this By-law;
AND WHEREAS the estimated total cost of constructing the drainage work is $46,000.00;
AND WHEREAS the Council is of the opinion that the drainage of the area is desirable;
NOW THEREFORE the Council of the Municipality of Bayham enacts as follows:
Engineer Report No. 223284, dated April 28, 2025 and attached hereto, is hereby
adopted and the drainage works as therein indicated and set forth are hereby authorized
and shall be completed in accordance therewith;
The Corporation of the Municipality of Bayham may borrow, on the credit of the
Corporation, the amount of $46,000.00 being the amount necessary for the drainage
works or other tendered and awarded amount by Council;
The Corporation may arrange for the issue of debentures on its behalf for the amount
borrowed less the total amount of,
a) grants received under Section #85 of the Act;
b) commuted payments made in respect of lands and roads assessed within the
municipality;
c) monies paid under Subsection #61(3) of the Act; and
monies assessed in and payable by another municipality, and such debentures shall be made
payable within five (5) years from the date of the debenture and shall bear interest at the rate
established by the Ontario Ministry of Agriculture, Food and Rural Affairs pursuant to the Tile
Drainage Act as of the date of passing of this By-law.
2.
A special equal rate sufficient to redeem the principal and interest on the debentures shall be
levied upon the lands and roads as set forth in the attached Schedule "A" to be collected in the
same manner and at the same time as other taxes are collected in each year for five (5) years
after the passing of this by-law.
For paying the amount of $0 being the amount assessed upon the lands and roads
belonging to or controlled by the municipality, a special rate sufficient to pay the amount
assessed plus interest thereon shall be levied upon the whole rateable property in the
Municipality of Bayham in each year for five (5) years after the passing of this
Provisional By-law to be collected in the same manner and at the same time as other
taxes are collected.
5. All assessments of $500.00 or less are payable in the first year in which the assessment
is imposed.
6 This By-law comes into force on the passing thereof.
READ A FIRST AND SECOND TIME this 1911 day of JUNE, 2025 and provisionally adopted
this 19th day of JUNE, 2025.
MAYOR CLERK
READ A THIRD TIME AND FINALLY PASSED this day of
MAYOR CLERK
TTTTTTT
O/H O/H O/H O/H O/H O/H O/H
Municipality of Bayham
³
GREWAL DRAIN
EXTENSION
REPORT
DRAINAGE
TO: Mayor & Members of Council
FROM: Steve Adams, Manager of Public Works|Drainage Superintendent
DATE: July 17, 2025
REPORT: DR-09/25 SUBJECT: GREWAL DRAIN EXTENSION COURT OF REVISION
BACKGROUND:
The purpose of this Report is to provide for a Court of Revision hearing in connection with the
Grewal Drain Extension.
On Thursday, June 19, 2025 and in accordance with Sections 44 to 46 of the Drainage Act,
R.S.O. 1990, the Council of the Corporation of the Municipality of Bayham adopted Engineer’s
Report No. 223284, dated April 28, 2025, as prepared by Spriet Associates and filed with the
Clerk on May 1, 2025.
Further to Section 46 of the Drainage Act, the Council of the Corporation of the Municipality of
Bayham on Thursday, June 19, 2025 gave first and second reading to Provisional By-Law No.
2025-046 to adopt the drainage works included in the aforementioned report and to authorize
the Municipality to borrow, if required, the monies necessary to carry out the works therein and
to levy upon the affected lands and roads their respective apportionment of the cost of the
works. This Section of the Drainage Act also states that a Court of Revision will be held to
provide an opportunity for any person or body entitled to receive Notice to appeal their
assessment.
Section 52 of The Drainage Act specifies that any owner of land assessed for the drainage
works may appeal the assessment to any land or road as being too high or too low or that any
land or road that should have been assessed has not been assessed, or that due consideration
has not been given as to type of use of land. The owner may, in person or by agent, appeal to
the Court of Revision by giving notice in writing to the Clerk of the initiating municipality setting
out the grounds of the appeal, and the appeal shall be heard by the Court of Revision. Every
Notice of Appeal shall be given at least ten days before the first sitting of the Court, but the
Court may, though Notice of Appeal has not been given, by resolution passed at its first sitting,
allow an appeal to be heard on such conditions as to giving notice to all persons interested or
otherwise as just appear.
Section 53 of the Drainage Act specifies when the grounds of appeal is that lands or roads are
assessed too high and the evidence provided satisfies the Court of Revision, that the
assessments on such lands or roads should be reduced. All appellants are to be present at the
Court of Revision meeting. If any of the appellants are absent from the meeting, then the
meeting shall be adjourned to allow the Clerk sufficient time to notify by prepaid mail such
persons of concern. The Clerk must also alter any assessments that are changed, and the
Provisional By-law must be amended. A second meeting of the Court of Revision must be
scheduled.
Section 54(1) of the Drainage Act states any party to an appeal before the court of revision may
appeal to the Tribunal by giving notice addressed to the Clerk of the Tribunal, given to the Clerk
of the initiating municipality, from the decision of the Court of Revision or from its omission,
neglect or refusal to hear or decide an appeal within twenty-one days of the pronouncement of
the decision of the court of revision or of any matter evidencing such omission, neglect or
refusal.
Section 58 of the Drainage Act specifies that after the Court of Revision has taken place and the
time for appealing has expired and there are no appeals or after all appeals have been decided,
the Council may pass a Provisional By-law authorizing the construction of the drainage works. A
minimum of forty days must transpire commencing from the date of the mailing of the notice of
Court of Revision before 3rd reading of the Provisional By-law may take place. Further, drainage
work may be commenced ten days after the by-law is passed if no Notice of Intention to make
application to quash the by-law has been filed with the Clerk.
DISCUSSION:
Section 52(2) of the Drainage Act states that a person may submit a Notice of Appeal regarding
their assessment via written notice to the Clerk within ten (10) days of the first sitting of the
Court of Revision.
The Clerk received no written appeals.
The Court of Revision may also consider requesting comment from any landowners, or agents
present, to determine if they wish to submit an appeal based on the assessment value included
or excluded in the aforementioned Engineer’s Report.
STRATEGIC PLAN
Not Applicable.
RECOMMENDATION
THAT Report DR-09/25 re Grewal Drain Extension Court of Revision be received for
information;
AND THAT the Court of Revision acknowledge that no appeals have been received with
respect to the Grewal Drain Extension assessments outlined in Engineer’s Report No.
223284;
AND THAT Engineer’s Report No. 223284, dated April 28, 2025, for the Grewal Drain
Extension be adopted as presented;
AND THAT corresponding By-law No. 2025-046 be presented to Council for a third and
final reading.
Respectfully Submitted by: Reviewed by:
Steve Adams Thomas Thayer, CMO, AOMC
Manager of Public Works|Drainage Superintendent Chief Administrative Officer